Partram Developments Pty Ltd v The Registrar of Cooperative Housing Societies

Partram Developments Pty Ltd, as plaintiff, brought a case against The Registrar of Cooperative Housing Societies, as defendant, regarding a dispute that was heard in the Supreme Court. The primary issue involved the costs associated with a dismissed application by the plaintiffs, as well as the subsequent application by the defendant to have their costs of the application fixed. The plaintiffs had been ordered to pay the defendant’s costs on an indemnity basis, but the defendant sought a fixed amount for these costs.

The court needed to decide whether it was appropriate to fix the costs without an oral hearing, despite the plaintiffs' failure to provide written submissions on the defendant’s application. The court also needed to determine the appropriate amount of costs to be fixed based on the principles applicable to lump sum or fixed costs assessments. These principles included the application of a broader brush in assessing costs, the potential for a discount on the claimed costs, and the importance of avoiding overstatement or understatement of recoverable costs.

In reaching its decision, the court noted that Rule 489 of the Uniform Civil Procedure Rules (UCPR) allowed for the application to be decided without an oral hearing, provided certain conditions were met. The court determined that it was not inappropriate to fix the costs without an oral hearing, given the plaintiffs' failure to comply with a prior order. The court applied the relevant principles to fix the costs, taking into account the evidence before it and its own observations and experience. The court fixed the costs at $76,948.72, considering the broader brush approach to lump sum assessments and the appropriate discount based on the specific circumstances of the case.

ORDERS:
1. The costs subject of order 2 of the orders of 27 August 2024 are fixed in the sum of $76,948.72.
2. No order is made as to costs in respect of the defendant’s application to fix costs filed 27 August 2024.